The terms below apply to our supply of services and goods to you (Agreement).
All references to: (a) “you” means the individual or business customer requesting the services and / or goods from us; (b) “we”, “our” or “us” means Local Computer Help; “services” means the services we provide to you as described on our website and as further described in this agreement, including on-site services and remote services; “goods” means all products and other goods (including software) supplied by us to you, and “website” means www.localcomputerhelp.com.au.
1. Purchasing services from us
You may purchase services from us as follows:
(a) On demand – see clause 1.1;
(b) LCH Computer Assistance Program (CAP) Subscription (12 months) – see clause 1.2.
Repair Notice: Where our services involve repairing your goods, please be aware that:
- Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods; and
- The repair of your goods may result in the loss of any user-generated data. Please ensure that you have made a copy of any data saved on your goods.
1.1 On Demand
(a) We will perform the services and supply the goods specified in the booking confirmation email at the rates specified in that booking confirmation email.
(b) On-Demand requests are for on-site support only. At our discretion, however, we may temporarily elect to extend it to remote support (e.g. during Covid-19 social distancing restrictions).
1.2 LCH Computer Assistance Program (CAP) Subscription
You may elect to take up a 12 month or non-fixed term month to month LCH Computer Assistance Program (CAP) subscription (Subscription). The following terms apply:
(a) Subscription Term: Your Subscription commences on the day that you sign up for LCH Computer Assistance Program (CAP) and continues for:
(i) 12 months (Subscription Term) contract.
(ii) 1 month (Subscription Term) non-contract.
(b) Automatic Renewal: To ensure any protections included in your cover do not unknowingly lapse and leave you exposed, and so that your remote support continues to be available when you need it, your Subscription Term will automatically renew on its expiry date for a further 12 months, unless you give us at least three (3) days prior written notice via email. For monthly non-contract your Subscription Term will automatically renew on its expiry date for a further month, unless you give us at least three (3) days prior written notice.
We will give you reasonable notice by email leading up to your renewal date (to the email address you provide to us – which you should keep updated) reminding you that you may cancel the auto-renewal (if you feel continued protection is no longer needed).
Each auto-renewal will be considered a new Subscription Term for the purposes of this agreement (including for calculation of early termination fees).
(c) Age, Location & Authority: You must be at least 18 years of age and located in Australia to subscribe to the services. If you are subscribing on behalf of a business, you warrant that you have full authority to enter into this agreement on behalf of the business.
(d) Subscription Fees & Cover: The details of your Subscription (including relevant Subscription fees and cover / benefits) are set out below and vary depending on whether you are an individual / domestic customer (Consumer Member) or a business / corporate customer (Business Member):
|Consumer Member||Business Member|
|Annual Subscription Fees||Consumer Members must pay an annual subscription fee. There are two payment options: Option A – Discounted Upfront Payment: A discounted one-off payment of $94.50 (incl GST), payable upfront at time of Subscription; or Option B – Monthly Payments: Twelve payments of $9.45 (incl GST) payable monthly in advance (total cost of $113.40 (incl GST)). or Option C – Monthly Payments, non-fixed term: Monthly payment of $14.45 (incl GST) payable monthly in advanced.||Business Members must pay an annual Subscription fee per User. There are two payment options: · Option A – Discounted Upfront Payment: A discounted one-off payment of $194.50 (incl GST) per User, payable upfront at time of Subscription; or Option B – Monthly Payments: Twelve payments of $19.45 (incl GST) per User payable monthly in advance (total cost of $233.40 (incl GST) per User). or Option C – Monthly Payments, non-fixed term: Monthly payment of $24.45 (incl GST) per User payable monthly in advanced. A “User” is an employee, contractor or other representative of the Business Member that will be covered by this subscription arrangement. Services will only be provided for Supported Devices of subscribed Users.|
|Early Termination Charge||You may cancel your Subscription early by notifying us in writing, and paying an early termination charge (if you have received one or more on-site visits) equal to your remaining Subscription payments less a 50% discount. If you are a Business Member with multiple subscribed Users, your early termination charge will be calculated for one User only. No early termination charge is payable if you are terminating as permitted under Australian Consumer Law.|
|Subscription cover (i.e. included services & benefits)||Consumer Member Subscriptions include the following (available during Business Hours): Remote technical support services (unlimited use subject to our Fair Play Policy): We will provide remote technical support for your Supported Devices (by phone, email and remote access). Discounted Hourly Rate for On-Site Support: We will provide on-site support for your Supported Devices at a discounted rate of $79.20 per hour. 1 remote IT Health Check, 1 PC or laptop device, per annum. Free pick and delivery from your office for all repairs. Access to our fortnightly email newsletter and offers.||Business Member Subscriptions include the following (available during Business Hours): Remote technical support services (unlimited use subject to our Fair Play Policy): We will provide remote technical support for your Supported Devices (by phone, email and remote access). Discounted Hourly Rate for On-Site Support: We will provide on-site support for your Supported Devices (up to 5 devices as per your plan) at a discounted rate of $79.20 per hour. 1 remote IT Health Check, 1 PC or laptop device, per Business Member (not per User), per annum. Free pick and delivery from your office for all repairs. Access to our fortnightly email newsletter and offers. Setup and configuration of Backblaze cloud backup software subscription to 1 device. Bonus partners discount vouchers valued at over $100 Complimentary 250x business card offer provided by Penny’s Print. 12 months complimentary web hosting offer valued up to $365 provided by Sir Websites. Reciprocal back link support to boost your SEO rankings for your website.|
|Supported Devices||The above services will be provided in relation to the following devices (Supported Devices) of the Consumer Member: Computers / Laptops: No Maximum of four computers / laptops per Consumer Member, but subject to FairPlay Policy. Mobile Devices (i.e. smart phones / iPads / tablets): No maximum number of mobile devices, but subject to FairPlay Policy.||The above services will be provided in relation to the following Supported Devices of the User: Computers / Laptops: No Maximum of one computer / laptop per User, but subject to FairPlay Policy. Mobile Devices (i.e. smart phones / iPads / tablets): No maximum number of mobile devices, but subject to FairPlay Policy.|
|Service Exclusions||(a) The LCH Computer Assistance Program (CAP) services do not include remote support for the following tasks: |
(i) hard drive formatting or operating system installation;
(ii) virus and spyware removal on computers and/or devices other than your nominated PC/laptop;
(iii) training or instruction on how to use features of a software program other than as required to address the current technical problem; and
(iv) advanced network services such as configuring port forwarding, installing new network equipment or connecting your computer to a virtual private network.
(b) The LCH Computer Assistance Program (CAP) services also do not include:
(i) the provision of new or replacement hardware or software;
(ii) fixing bugs inherent and ingrained in certain types of software;
(iii) instances where the compatibility of the system to the software is in question;
(iv) instances where the system configuration is invalid or not supported by the manufacturer of the device / application;
(v) scripting, programming, database design or web development;
(vi) parts and/or other costs associated with providing repairs; and
(vii) situations where the manufacturer of the application or technology is unable to, or has not yet, provided a solution to a problem.
2. Business Hours
2.1 We provide our services during the following hours (Business Hours). All hours are Australian Eastern Standard Time (AEST), regardless of your location in Australia:
(a) Remote support:
- Offered 24 hours a day, 7 days a week, subject to technician availability
- Public Holidays: Weekend hours apply to all public holidays.
(b) On-site support:
The same Business Hours above also apply for on-site support, except that:
- Monday to Friday support is provided from 8am to 6pm (AEST).
- An additional $30 per hour surcharge applies for on-site support on after hours, Saturdays, Sundays and Public Holidays, and will be added to the on-site service fee.
3. On-Site Services
3.1 Duration & charging
For services that we provide to you on-site, please note that:
(a) a one-hour minimum duration applies;
(b) further charging in is 15-minute blocks;
(c) most issues can be solved in the first hour. If the technician, however, expects that it will take longer, he or she will usually know within the first 15 minutes. The technician will give you options, and you can decide how you want to proceed.
(d) For on-site services, we guarantee that we can find a solution to your problem or we won’t charge you for the on-site services.
3.2 Cancellation Charges (if less than 24 hours notice)
If you give us less than twenty-four (24) hours’ notice to cancel any on-site service bookings:
(a) we may charge you a cancellation fee equal to what you would have been charged for the first hour of on-site service (to reimburse us for the loss and expense caused).
3.3 Service Areas
To receive on-site services, you must be within a service area designated on our website.
3.4 Your On-Site Service obligations
(a) You must ensure that a person of at least 18 years of age is present for the duration of the provision of on-site services.
(b) You must provide our technicians who provide on-site services with:
- access to the areas of your premises necessary to provide services;
- access to your computer;
- a safe working environment and working space; and
- electrical power and internet access (where applicable).
(c) If the services involve the installation of software, then you must provide our technicians with the installation disks for your operating system or software along with a product key for this software.
(d) You must back up all software, data and files that are stored on your computer and/or on any other storage devices you may have prior to the arrival of the Local Computer Help technician.
(e) You agree to comply with all relevant policies and procedures we advise from time to time on our website.
(f) You must ensure you do not cause any harm or injury to our on-site technicians.
4. Remote services
4.1 Your Remote Service obligations
Where we provide you with remote services, you must:
(a) backup all of your data before you call us for your assistance;
(b) if you are a LCH Computer Assistance Program (CAP) Subscription customer, provide your subscription details when you ring us to request LCH Computer Assistance Program (CAP) services;
(c) be at least 18 years of age and physically located in Australia at the time of your call; and
(d) have legitimate copies of all software as well as all installation disks/media and product keys ready to use when you ring us about a problem.
5. Your warranties, authorisations and acknowledgements
5.1 No third party infringement
You warrant that: (a) you are the owner or authorised licensee of all software, data, media, PCs/laptops and other equipment which you ask us to access, repair or install for you, and (b) providing our services in relation to those things does not violate any third party rights.
5.2 Access to your PC/laptop, systems and data
You consent and authorise us to:
(a) access your nominated PC / laptop in order to provide our services.
(b) access, modify, reproduce and / or temporarily impair your data, systems, programs or electronic communications to the extent necessary to carry out the services.
5.3 Your Data back-up obligation
You are responsible for ensuring your data, software and media is backed-up prior to us accessing your systems or technology to provide our services. We are not be responsible at any time for any data loss, alteration or corruption of any such data , software or media.
5.4 Acknowledgements and disclaimers
You acknowledge that, to the extent permitted by law (including the Australian Consumer Law):
(a) Timeframes are estimates only (other than our same day guarantee, any period or date for delivery of goods or provision of services stated by us is an estimate only. We will use best endeavours to meet any estimated dates for delivery of the goods or completion of the services and provide you with as much notice as possible of any expected delays).
(b) On-site support – return to base for difficult problems (it may not be possible to resolve all problems via an on-site service. In particularly difficult cases, we may (with your permission) need to take your system to our base or third party premises for diagnosis and repair. We will exercise all due care while in possession of your equipment to ensure that no loss or damage occurs).
(c) Recommendiations for upgrades / replacements (in providing the services and goods to you, we may identify that the solution to your problem is to upgrade or replace your software or hardware. In that case you acknowledge that we have met our commitment to you by providing you with a solution to your problem, whether or not you choose to implement that solution).
(d) No guarantee that all issues will be identified (while we use our best efforts to identify issues with your software and hardware, given the nature of technology, you acknowledge that we do not guarantee that all problems or security threats will be identified).
(e) Final solution may differ from initial diagnosis (as computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed, our final proposed solution may be different from the initial diagnosis).
(f) Not all issues can be resolved by remote support (you acknowledge that some problems cannot be fixed over the telephone or by remote system access, and may require on-site support).
(g) Failure to follow our instructions or advice (you agree that we are not liable for any loss or damage that results from your failure to follow our instructions, recommendations or advice).
6.1 LCH Computer Assistance Program (CAP) Subscription fees are payable by you as set out in clause 1.3(d) above.
6.2 On-site service fees and other fees (eg repairs) are payable by you immediately on completion of services.
6.3 All fees are payable by debiting the relevant credit / debit card or bank account provided by you at the time of booking or purchase.
6.4 Unless otherwise stated, all fees are inclusive of GST. If a party is liable to pay for a Taxable Supply, it will also pay the amount of any GST in respect of the Taxable Supply. “Taxable Supply” and “GST” have the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
7 Fair Play Policy (Subscriptions)
7.1 If you are a Subscription customer, you must not use the services in a way that is excessive, unreasonable, or fraudulent, or that disrupts or impedes our ability to provide services to other customers. The services should only be used for your reasonable and genuine personal or business needs (as applicable to your subscription type).
7.2 In addition to the above, you must not:
(a) make multiple remote service requests caused by a lack of regular maintenance;
(b) make repeat remote service requests caused by your failure to act on our recommendations; or
(c) attempt to make the services available beyond the Supported Devices or to persons who are not subscribed to the services.
9.1 Australian Consumer Laws
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
9.2 To the extent permitted by law (including the Australian Consumer Law), our liability to you (whether arising in contract, negligence or otherwise) is limited to (at our option):
(a) in relation to goods:
- the replacement of your goods or the supply of equivalent goods;
- the payment of the cost of replacing your Product or of the supply of an equivalent Product; or
- refunding the amount of your order, and
(b) in relation to services:
- supplying of the services again; or
- payment of the cost of having the services supplied again.
The above limitation, however, will not apply to our liability for death, personal injury or tangible property damage to your place of business directly caused by us, or to the extent that liability is caused by our gross negligence, willful misconduct or fraud.
9.3 You agree that, to the extent permitted by law (including the Australian Consumer Law), we will not be liable to you (whether in contract, negligence or otherwise) for any:
- interruption of business;
- loss of revenue, profits or business reputation;
- delays or service disruptions (other than our same day guarantee);
- loss, alteration or corruption of data, software or media;
- viruses or system failures; or
- events beyond our reasonable control,
except to the extent that liability is caused by our gross negligence, willful misconduct or fraud.
9.4 We are also not liable to the extent any loss:
(a) is caused by you (for example, through your negligence or breach of contract);
(b) results from your failure to follow our advice or reasonable directions or to take reasonable steps to avoid or minimise your loss.
You agree to indemnify us, our technicians and our related entities, including Officeworks Ltd, employees and agents, and hold us each harmless from any loss, damage, costs (including reasonable legal costs), or expense which arises from your breach of this agreement, including but not limited to your non-payment of any fees or charges applicable to your booking, service or Subscription, a breach of your on-site, remote service or data back-up obligations (clauses 3.4, 4.1 and 5.3), infringement by you of third party rights (clause 5.1), breach of Fair Play Policy (clause 7), our reliance on any warranty, authorisation or consent (clause 5.2), or acknowledgement (clause 5.4) provided under this agreement or in connection with our service, or any negligent, wrongful, illegal or fraudulent act or omission by you, any unauthorised use of your Subscription caused by your wrongful act or omission, except to the extent that liability is caused by our gross negligence, wilful misconduct or fraud.
10 Termination & Suspension
10.1 A party may terminate this agreement immediately on written notice to the other if: (a) the other party breaches a term of this agreement which is not capable of remedy; or (b) where the breach is capable of remedy, the other party fails to remedy the breach within 10 days of written notice of the breach.
10.2 We may suspend the services at any time to the extent we reasonably believe necessary due to your breach of this agreement (including suspending services where you fail to pay fees when due), or in order to prevent any damage to or misuse of our services or systems.
11 Changes to Terms
11.1 We may change the terms of this agreement from time to time (by updating this agreement on our website), provided that:
(a) LCH Computer Assistance Program (CAP) Subscriptions: If you are a LCH Computer Assistance Program (CAP) Subscription customer: (i) these changes will not apply to your current Subscription Term, but only to your next Subscription Term; and (ii) If we change the fees or services in a way that is detrimental you, we will notify you by email prior to commencement of your next Subscription Term (to allow you an opportunity to cancel your Subscription if you do not agree).
(b) On-Demand customers: For other customers (not Subscription), these changes will take effect as soon as they are made and apply to all renew service requests.
11.2 Notwithstanding the above, nothing prevents us:
(a) changing policies and procedures associated with this agreement (eg on-site Covid-19 procedures) where reasonably required in the circumstances; or
(b) to make urgent changes to this agreement that are are required by law, or reasonably necessary for security or technical reasons or to prevent fraud or misuse of the services (including the Fair Play policy).
11.3 You acknowledge that we may withdraw service offerings from time to time. Where this impacts your current Subscriptions, we will: (a) provide you with a pro-rata refund of any unused pre-paid fees (having regard to remaining months in your Subscription Term); and (b) endeavour to provide you with reasonable advance notice of such service / offering withdrawals.
12 Force Majeure
We will not be liable for non-performance or delays caused by external events beyond our reasonable control (“Force Majeure“). Force Majeure events shall include, without limitation, acts of war, terrorism, cyber-attacks, civil commotion, epidemic or pandemic, natural disasters, blockades, embargoes, strikes and lockouts, any other acts of god or act of any government or governmental agency.
13 Governing Law
This Subscription Agreement is governed by the laws of Victoria.
14 Notices, Feedback and Information
(a) (Notices) You agree that any notices or other communications may be provided to you by email (to the email address you have provided to us as part of the registration process). You must promtly notify us if you change your email address. You may send notifications to us via email@example.com
(b) We welcome your feedback. It helps us improve! You agree that we may use any written feedback you provide to us on our website and otherwise for marketing purposes without needing to obtain your further consent to do so.
15 General terms
(a) Assignment – You must not assign this Agreement (or any Subscriptions), except with our prior written consent.
(b) Waiver – A failure or delay in exercising any right, power or remedy does not operate as a waiver.
(c) Severability – If any part of these terms is illegal or unenforceable, it will be severed from these terms and the remaining terms will continue in full force and effect.
(d) Survival – Any provision of this agreement which is by its nature a continuing obligation will survive termination of this agreement.
(e) Interpretation – A word importing the singular includes the plural and vice versa, and references to “including” shall be construed as “including, without limitation.
16 Third party provider additional terms
Local Computer Help products may include data and/or software from third parties.
In addition to the rights and restrictions set forth in agreement(s) that you have entered into with member(s) of the Local Computer Help group (“Local Computer Help”), your use of Local Computer Help services is subject to the following terms:
Third party providers are third party beneficiaries of Local Computer Help’ rights and remedies under the agreement(s) between you and Local Computer Help. You agree to comply with all applicable third party provider terms. Those terms may be supplied to you within the service or directly by the third party provider. We are from time to time required to provide our client contact details to our third party providers to the extent that they need such details in order to enable them to execute their contractual responsibilities.
You must obtain all prior approval for control and redistribution of third party provider data, software or services. You are responsible for any and all costs and fees associated with agreements entered into with any such third party provider. If a third party provider ceases to make its service available to Local Computer Help or requires Local Computer Help to suspend or terminate the provision of all or any part of its services to you, or if Local Computer Help terminates its arrangements with the third party provider, then Local Computer Help may suspend or terminate that part of its data or services immediately without notice or further obligation to you.
Except where you have entered into a relevant written agreement directly with a third party provider, you have no contract with any third party provider in respect of the supply or use of any third party data or services. Third party providers do not owe you any duty of care with respect to its data or services nor do they accept any responsibility for them. If an implied contract or duty should be held to exist, Local Computer Help, as agent for each third party licensor and solely for the purpose of the following exclusion, disclaims all liability of each third party licensor for any of your losses which may arise under that implied contract or duty.
Third party providers do not warrant that the provision of their data, software or services will be uninterrupted, error free, timely, complete or accurate, nor do any of them make any warranties as to the results to be obtained from use of the same. You acknowledge that third party data, software or services do not constitute a recommendation of any kind and is provided for informational purposes only. You expressly agree that your use of third party data, software or services is at your own risk. Accordingly, the third party providers will not in any way be liable to you or any other entity for any inaccuracies, errors, omissions, delays, damages, claims, liabilities or losses, regardless of cause, in or arising from the use of the third party data contained in Local Computer Help services.